Supreme Court Seeks Data Of GST Arrests, Says Citizens' Harassment Won't Be Allowed Due To Any Ambiguity In Arrest Provisions

While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and the Constitution, the Supreme Court on Thursday (May 2) expressed concerns about the ambiguity in Section 69 of the GST Act (dealing with power with arrest) and conveyed that it would interpret the law to "strengthen" liberty, if need be, but not allow citizens to...

CBI Independent From Union Govt, West Bengal's Suit Against Centre Not Maintainable : SG Tells Supreme Court

The Supreme Court (today on May 02) heard the Union's preliminary objection to the maintainability of the original suit filed by the State of West Bengal in 2021 alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent. It was in November 2018 when the State government withdrew its consent...

Victim Shaming Approach Of Courts Will Deter Women From Reporting Sexual Offences : Amicus Curiae Tells Supreme Court

The Supreme Court on Thursday (May 2) heard the suo motu case taken by it over a judgment of the Calcutta High Court in which certain remarks were made regarding the sexual conduct of adolescents, particularly teenage girls.The suo motu case titled "In Re : Right to Privacy of Adolescents" was listed before a bench comprising Justices Abhay S Oka and Ujjal Bhuyan.While overturning the...

Supreme Court Questions UP Police For Including Confession Statements Of Accused In Chargesheet, Seeks DGP's Affidavit

The Supreme Court has expressed prima facie disapproval of the inclusion of statements of the accused, which are recorded during the investigation, in the chargesheet. Some of those statements are in the nature of alleged confessional statements, the Court noted."We find that so called statements of the accused which are allegedly recorded during interrogation are forming part of...

Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections

In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. "In the...

S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint

The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the...

Suit For Recovery Against 'Sick Company' Not Barred If It Doesn't Affect Company's Properties Or Revival Scheme : Supreme Court

If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.Concurring with the findings of the High Court, the bench comprising Justices JB Pardiwala and...

AstraZeneca Statement On Rare Vaccine Side Effect : Recalling Supreme Court Verdict On Covid Vaccine Trials & AEFI Reporting

A statement made by AstraZeneca that its vaccine against COVID-19 (which was made and sold in India as Covishield) can cause adverse effects related to blood clotting in rare cases has created a certain degree of panic among some people in India, particularly among those who received the Covishield vaccine. However, many in the medical field point out that the statement by AstraZeneca - which...

Should Penal Provisions Of Customs Act, GST Act Etc. Be Compatible With CrPC? Supreme Court Starts Hearing

The Supreme Court today(May 1) started hearing a batch of 281 petitions challenging penal provisions of various laws such as the Customs Act, Excise Act and GST Act as non-compatible with the Code of Criminal Procedure (CrPC) and the Constitution.The pleas were listed before a Bench of Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi. After a day-long hearing, the same would again be...

Are Private Properties Included In "Material Resource Of Community" Under Article 39(b)? Supreme Court 9-Judge Bench Reserves Judgment

The Supreme Court Constitution Bench today (May 1) reserved its judgement on the issue of whether private resources form part of the 'material resource of the community' under Article 39(b) of the Constitution. The Court concluded the hearing after 5 days of arguments raised on the issues of what constitutes a community, the subjective under tones of 'material resource' as well as the fate...

'Misconceived' : Supreme Court Registry Rejects Centre's Application To Clarify 2G Case Verdict For Administrative Allotment Of Spectrum

The Supreme Court's Registrar refused to receive the application filed by the Union Government seeking clarification of the 2012 judgment in the 2G Spectrum case. The Government sought a clarification that the verdict does not bar the allocation of spectrum through means other than public auction in certain situations.Stating that the application was in effect seeking a review of the...

Vacations Spent To Write Judgments, Judges Don't Get Weekend Holidays Too; People Who Criticise Don't Realise This : Justice BR Gavai

An interesting discussion regarding the vacations of judges took place in the Supreme Court during the hearing of a case when Justice BR Gavai revealed that vacations are mostly used to write judgments in complex matters.Justice Gavai further stated that people who criticise judges for vacations do not realise that they do not get holidays even on Saturdays and Sundays due to conferences...